Bigelow v. Haviland, No. 07-3340

In a kidnapping and assault prosecution, grant of petitioner's habeas petition is affirmed where defense counsel did not reasonably investigate petitioner's alibi defense, and the evidence against petitioner was based solely on the testimony of two eyewitnesses with obscured views and was far from overwhelming.

Read Bigelow v. Haviland, No. 07-3340

Appellate Information

Submitted: February 4, 2008

Decided and Filed: August 6, 2009

Judges

Opinion by Judge Sutton

Counsel

For Appellant:

Diane Mallory, Office of the Ohio Attorney General, Columbus, OH

For Appellee:

Jill E. Stone, Blacklick, OH